Divorce is a thorny subject, as most people approach it with a personal or polemical agenda. One must acknowledge its evil straightaway. Divorce is a serious, perhaps* mortal sin–as is murder and not taking care of one’s parents. (Jasy 1642, Question 42) That being said, being that those who shed blood may commune after peance and negligent children may have extenuating circumstances taken into consideration to the point that virtually no one is excommunicated for neglecting parental duties, it is at least not surprising on the surface that divorce is little different. Historically, East and West divorces were tolerated (never endorsed) in cases of unbelief, adultery, and abandonment. Incest was also a reason for divorce and in the West so were the inability to produce children and physical disability/illness.*

*Western practices never gained consensus in the Church.

In the modern day, these reasons are excessively expanded upon and tragically more are contrived to justify this terrible sin. In Roman Catholicism, the same sin is merely given a different name (“anullment.”) Nevertheless, Scripturally, 1 Cor 7 and Matt 19:8-9 do appear to give Scriptural justification to the toleration of divorces in the specific cases of adultery, unbelief, and abandonment. Let’s cover these:

Matt 19:8-9 (cf Matt 5:32): Adultery

He said to them, “Moses, because of the hardness of your hearts, permitted you to divorce your wives, but from the beginning it was not so. And I say to you, whoever divorces his wife, except for sexual immorality [πορνείᾳ], and marries another, commits adultery; and whoever marries her who is divorced commits adultery.”

In this Scripture there is a clear denial of the admissability of divorce, other in cases of πορνεία. The Greek term literally means “prostitution” (see also here). It does have a broader range of meaning to encompass all sexual immorality and it is used in the Septuagint, unambiguously, to mean “adultery” at points. For example:

For first, she hath disobeyed the law of the most High; and secondly, she hath trespassed against her own husband; and thirdly, she hath played the whore in adultery [πορνείᾳ], and brought children by another man. (Sir 23:23)

As a matter of Occam’s Razor, simply taking the Gospel at its word and looking at how the Church has historically allowed divorce and remarriage in cases of adultery (canonically for the man*), this demonstrates the permissibility of divorce in the case of adultery.

*This is a historical judgement, not a moral evaluation of the concept. I have seen it cited that one saint applied the same to women.

1 Cor 7: Abandonment and Unbelief

1 Cor 7 covers all sorts of details concerning sexual immorality. One needs to follow the logic of the entire chapter to understand Saint Paul’s explanation of the issue. Many people get caught up on whether Saint Paul is talking about legal divorce or separation, but the key to the passage is that Paul is quoting Christ from memory:

Now to the married I command, yet not I but the Lord: A wife is not to depart [χωρισθῆναι] from her husband. (1 Cor 7:10)

Why Saint Paul uses the Greek term χωρισθῆναι instead of πορνεία, may be simply due to lacking an OCD-level desire for linguistic precision. However, it is worth reflecting that when Christ bans divorce, it is precisely the same word that is used as an explicit euphemism for said divorce:

So then, they are no longer two but one flesh. Therefore what God has joined together, let not man separate [χωριζέτω]. (Matt 19:6)

Therefore, Saint Paul’s usage of the term χωρισθῆναι in light of the Gospel appears to be speak of literal divorce. Confusing matters, in the next sentence, he reapplies the term to refer to a temporary separation (cf 1 Cor 7:11). In my opinion, this is a rhetorical device, because in effect he forbids the woman who separates to finalize the divorce by remarrying, stipulating she “remain unmarried or be reconciled to her husband.” As one can see, the woman in this situation is really not divorced in a definitive way, as she is still bound to her husband.

Saint Paul’s overall desire in the passage is two fold: First, for the married, that they remain such, no matter the circumstances, as spouses (particularly Christians) sanctify one another. In other words, were you bound to an obligation to a spouse? Do not undo it. Second, if not married and thereby bound to another, if sexual abstinence is possible, it is preferable not to marry and be bound to anyone other than God. The preceding two ideas form the context where Paul gives instructions about divorce under the specific circumstance of unbelief and abandonment:

But to the rest I, not the Lord, say: If any brother has a wife who does not believe, and she is willing to live with him, let him not divorce her [lit. send away, ἀφιέτω]…But if the unbeliever departs [χωρίζεται], let him depart [χωριζέσθω]; a brother or a sister is not under bondage [δεδούλωται] in such cases. But God has called us to peace. (1 Cor 7:13, 15)

The term for divorce use here (“ἀφιέτω“) is exceptionally imprecise, but appears to be a reference to a husband sending a wife “away,” typical of Mosaic divorce. (cf Deut 24) In any event, despite the difference between ἀφιέτω and χωρίζεται, both are being used as euphemisms for divorce, the latter in a less gender-specific way (as women in the ancient world do not send away men). Having established this, the real important concept in the passage is that of “bondage” (“δεδούλωται“) as it pertains to marriage. Despite δεδούλωται looking different than δούλος (the typical word for slave/servant), they are both etymologically related. They pertain to slavery. Paul is encouraging his listeners to be good slaves within the marital context, but if not married one is not to yearn for bondage (slavery to a spouse), but rather freedom (abstinence). One can see this in 1 Cor 7:21-24-

Were you called while a slave [δοῦλος]? Do not be concerned about it; but if you can be made free [ἐλεύθερος], rather use it. For he who is called in the Lord while a slave is the Lord’s freedman. Likewise he who is called while free is Christ’s slave. You were bought at a price; do not become slaves of men. Brethren, let each one remain with God in that state in which he was called.

Finally, though not speaking about the issue of divorce, an observation Paul makes about those who are widowed gives the reader an insight into his views on the question. He writes:

A wife is bound [δέδεται] by law as long as her husband lives; but if her husband dies, she is at liberty [ἐλευθέρα] to be married to whom she wishes, only in the Lord. But she is happier if she remains as she is [I.e. unmarried], according to my judgment. (1 Cor 7:39-40)

As one can see, Paul uses the same Greek terms to pertain to liberty and slavey. Here, Paul speaks of liberty being the condition that belongs to the unmarried (here the widow), bondage being that of the married condition. With this clarified, the passage’s import upon divorce can be ascertained.

When a believing spouse is not under “bondage” (δεδούλωται) in 1 Cor 7:15, it appears that the spouse is no more “bound” (δέδεται) than the widow is in 1 Cor 7:39. Because the widow can remarry “in the Lord” (i.e. to a believer) and the believing spouse is not under bondage to the (former) unbelieving spouse, the implication is that “bondage” applies to marriage to a believer in both cases. Therefore, to be not under bondage is to have no such marital obligations and this would mean logically the abandoned believing wife can remarry.

This interestingly seems to conflict with the canons, which appear to disallow women to divorce and remarry even in cases of abandonment.* The reason Paul gives for greater leniency to the Corinthians than the canons is “because of [their] sexual immorality.” (1 Cor 7:2) This perhaps indicates the liberality the Church can exercise in mitigating against such sexual immorality given the context, time, and place. Perhaps it does not. Others can seek to improve the exegesis here and its reconciliation with the canons.

*The allowance for remarriage in the canons does not make it a sinless act, as Canon 113 (Greek numbering) of Carthage allows for remarriages but after serving a penance. However, Saint Basil’s 9th Canon flagrantly allows for remarriages for men with adulterous wives to occur without consequence, saying he “is not to be condemned.” It should be pointed out his canons are much more lenient for men than women. For example, Canon 48 allows for divorce in cases of abandonment for women, but not remarriages. See The Rudder, p. 76-80 for more on the varying views of the fathers on this question.

Conclusion. Vindicating the the Church’s canons, at least to a degree, the Scriptures explicitly permit for divorce in cases of adultery and abandonment, the latter case when the spouse who abandons the Christian is an unbeliever. Perhaps, in the case of Orthodox Christians, though this was unthinkable to some early fathers like Saint Hippolytus, the spouse who abandons the other is presumed either dead or an apostate (due to committing such a heinous sin). Lifetime penances for such behavior are not unknown in the Church’s history. Nevertheless, just like shedding blood, the Church has historically shown liberality in reducing penances even for sins that carried a lifetime penalty.

I will end with a personal opinion, which carries no authority. The Church exercises economia in a careful way to help people along the path of sanctification, meeting them where they are and bringing them where they should be. This is constantly used as justification in greater and greater liberality in applying the canons. Today, the pendulum is swinging back the other way. I submit this to you: liberality on this question is not bringing healing, but rather poisoning otherwise good marriages.

The institution of marriage in the modern day is in shambles worldwide. No one treats it as bondage and everyone constantly seeks to free themselves from it. The Church, in making such economic condecesions available, in fact is not meeting people where they are and bringing them further down the path of sanctification, but taking people on the path of sanctification and offering a carrot that encourages them to abandon their progress. This was not true in previous societies where marriage was the norm and the allowance for divorce brought healing to a tragic, but rare personal situation. But, this is not the society we live in anymore. Divorce is ubiquitous.

Of course, it is up to the bishops and the specific spiritual father to discern each individual case–not a random blog post. More broadly, if I allow myself a social observation, what we are witnessing is a society where marriage is facing a collapse as an institution. Enabling separation at a time when people are looking for every excuse to do so merely feeds into this collapse. Perhaps, the Church must pivot and return to lifetime penances yet again to deal with this scourge. For those readers who in decades time will become our Church’s bishops, I will leave that to their discernment.

*In my own private estimation, which means nothing, divorce is a mortal sin. I am unaware of the Orthodox Church categorizing it as such, because the category is new and rarely used.